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Justinian I · The Digest of Justinian §48.22.14.pr-48.22.14.3

Definition and Authority of Relegation vs Deportation

Passage 8453 of 9271 · Latin

Summary

Ulpian explains the definition of relegation, its legal differences from deportation in terms of retaining citizenship and property, the public officials authorized to order relegation, and the legal procedures against debtors who have lost citizenship but retain property.

[ULPIANUS libro. ] §48.22.14.prRelegatus est is cui interdicitur prouincia aut urbe continentibusue in perpetuum uel ad tempus.
[ULPIANUS, from his Book [without title].] A relegated person is one who is excluded, either perpetually or for a time, from a province, or from the city and its contiguous areas.
§48.22.14.1Et multum interest inter relegationem et deportationem: nam deportatio et ciuitatem et bona adimit, relegatio utrumque conseruat, nisi bona publicentur.
And there is a great difference between relegation and deportation; for deportation deprives a person of both citizenship and property, while relegation preserves both, unless the property is confiscated.
§48.22.14.2Relegare possunt princeps et senatus et praefecti et praesides prouinciarum, nec tamen consules.
The princeps, the senate, the prefects, and the governors of provinces can relegate, but not, however, the consuls.
§48.22.14.3Qui amissa ciuitate bona habet, a creditore utilibus actionibus conuenitur.
Anyone who, having lost his citizenship, still possesses property, can be sued by a creditor through analogous actions.

Notes

  1. §48.22.14.prurbe continentibusue — Composed of the noun urbe and continentibus (the ablative plural of the adjective continens, 'contiguous', used substantively here). Both function as ablatives of separation (or place from which) after the passive verb interdicitur, with the preposition omitted, referring to the city of Rome and its contiguous areas.
  2. §48.22.14.3amissa ciuitate — An ablative absolute construction composed of the noun ciuitate and the perfect participle amissa. It expresses a concessive or temporal circumstance ('although citizenship has been lost' or 'after citizenship is lost') modifying the subject qui (with its antecedent omitted) in the main clause.
  3. §48.22.14.3utilibus actionibus — Ablative of instrument. Refers to 'analogous actions' (utiles actiones) in Roman law. These were legal actions extended by the praetor, using fictions or modifications, to apply to cases not covered by the strict civil law (such as when a party had lost citizenship) but analogous to them.

Cite this passage

Justinian I, The Digest of Justinian §48.22.14.pr-48.22.14.3. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.22.14.pr-48.22.14.3

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